Objects and subjects and currency regulation in the Republic of Belarus

Currency exchange objects in the Republic of Belarus are currency values and foreign exchange transactions.

Currency values are:

foreign currency; payment documents in foreign currency, which are such in accordance with the legislation of the Republic of Belarus; securities in foreign currency; Belarusian rubles when making transactions between residents and non-residents, transactions between non-residents on the territory of the Republic of Belarus, their import and transfer to the Republic of Belarus, export and transfer from the Republic of Belarus, international bank transfers, non-residents operations, not entailing the transfer of ownership of Belarusian rubles, on accounts and deposits (deposits) in banks and non-bank credit and financial organizations of the Republic of Belarus; securities in Belarusian rubles when making transactions between residents and non-residents, transactions between non-residents in the Republic of Belarus, their import and transfer to the Republic of Belarus, export and transfer from the Republic of Belarus.

Under currency operations are understood as the activities of legal entities, individuals, the state and other organizations, institutions, associations related to the purchase and sale, settlements and / or the provision of foreign currency in a loan.

Currency operations are:

transactions involving the use of foreign currency, securities in foreign currency, payment documents in foreign currency; transactions between residents and non-residents involving the use of Belarusian rubles, securities in Belarusian rubles; transactions between non-residents involving the use of Belarusian rubles, securities in Belarusian rubles, made on the territory of the Republic of Belarus; import and transfer to the Republic of Belarus, as well as the export and transfer of currency values from the Republic of Belarus; international bank transfers; non-residents’ transactions with Belarusian rubles on accounts and deposits (deposits) in banks and non-bank credit and financial organizations of the Republic of Belarus, not entailing transfer of ownership of these Belarusian rubles; operations with foreign currency on accounts and deposits (deposits) in banks and non-bank credit and financial organizations of the Republic of Belarus, banks and other credit organizations outside the Republic of Belarus that do not entail the transfer of ownership of this foreign currency.

Currency transactions are divided into current currency transactions and foreign exchange transactions related to capital flows.

Current currency transactions provide for:

making settlements on transactions involving the export and (or) import of goods (works, services), protected information, exclusive rights to the results of intellectual activity, calculations for which do not provide for the attraction or provision of borrowed funds for a period exceeding 180 calendar days; provision and receipt of loans and (or) loans for a period not exceeding 180 days; transfer and receipt of interest, dividends and other income on deposits (deposits), investments, borrowing and credit operations; non-trade operations (payment of wages, cash allowances, scholarships of pensions, alimony, state benefits, etc.).

Currency values can be owned by both residents and non-residents who are currency regulators and carry out foreign exchange transactions.

Currency operations related to capital flows are:

the acquisition of shares when distributed among the founders, as well as shares in the authorized capital or soldering in the property of non-residents; acquisition of securities issued by residents or non-residents, with the exception of the acquisition of shares when they are distributed among the founders; transfers for settlements on obligations providing for the transfer of property related to the legislation of the Republic of Belarus to real estate, or rights to it; settlements on transactions, providing for the export and (or) import of goods (works, services), protected information, exclusive rights to the results of intellectual activity, the calculations for which exceed the period of 180 calendar days; provision and receipt of loans and (or) loans for a period exceeding 180 days; other foreign exchange transactions not related to current foreign exchange transactions.

Residents:

individuals – citizens of the Republic of Belarus, as well as foreign citizens and stateless persons holding a residence permit (or a document replacing it) issued by the competent state bodies of the Republic of Belarus; legal entities, created in accordance with the legislation of the Republic of Belarus, with a location in the Republic of Belarus; branches and representative offices of residents of legal entities located outside the Republic of Belarus; diplomatic and other official representations, consular offices of the Republic of Belarus located outside the Republic of Belarus; The Republic of Belarus, its administrative-territorial units, participating in relations regulated by the currency legislation of the Republic of Belarus.

Non-residents:

individuals – foreign citizens and stateless persons permanently residing in the territory of the corresponding foreign state; legal entities created in accordance with the legislation of foreign states, with a location outside the Republic of Belarus; organizations that are not legal entities created in accordance with the legislation of foreign states, with their location outside the Republic of Belarus; diplomatic and other official missions, consular offices of foreign states, located in the Republic of Belarus and beyond; international organizations, their branches and representative offices; foreign states, their administrative-territorial units, participating in relations regulated by the currency legislation of the Republic of Belarus.